Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on September 28, 2012, at 1:00 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky. Vice-Chair Kathryn Moore presided over the meeting, which addressed seven agenda items involving zoning variances, conditional use permits, and administrative reviews. The board took nine votes during the session and heard three public comments.

Of the seven cases presented, the board postponed four items: the Cherokee Park Neighborhood Association's administrative review of a Zoning Compliance Permit for a mobile MRI facility; Efran & Vladimera Alami's administrative review of a drive-through facility in an R-3 zone; Cohen Realty, Inc.'s conditional use permit request for an extended-stay hotel in P-1 and R-4 zones; and Stanley Gross's conditional use permit request for a rehabilitation home in a B-1 zone. The board denied one variance request from Donny & Dawn Crayne to reduce a floodplain setback from 25 feet to 4 feet. One conditional use permit was approved: Ryan Convoy's request for an animal crematory in an AR zone. A revocation hearing for Southside Pub regarding non-compliance with live entertainment conditions was scheduled for a future date.

Attendance

Present: - Kathryn Moore - Barry Stumbo - Janice Meyer - James Griggs - Thomas Glover - Chuck Saylor - Jim Gallimore - Tracy Jones - James Marx

Absent: - Noel White

Late: None reported

Votes and Decisions

Approval of Minutes 0:00 The Board unanimously approved minutes from the June 8, 2012 and August 24, 2012 meetings. The motion was made by Barry Stumbo and seconded by James Griggs.

Variance V-2012-64: American Board of Family Medicine, Inc. 7:45 The Board approved a variance for American Board of Family Medicine, Inc. to reduce the front yard setback from 100 feet to 30 feet on Aristides Boulevard. The motion passed 3-2 on a roll call vote. Barry Stumbo, Janice Meyer, and Thomas Glover voted in favor. James Griggs and Kathryn Moore voted against. The approval includes five conditions, including that the parking lot be constructed according to the submitted site plan, necessary permits be obtained from the Division of Building Inspection, and the final design be subject to review by the Division of Traffic Engineering.

Conditional Use Permit C-2012-56: Lexington Universal Academy 13:23 The Board unanimously approved a conditional use permit for Lexington Universal Academy to expand a school in an Agricultural Urban (A-U) zone. The motion was made by James Griggs and seconded by Barry Stumbo. The permit includes conditions that the school operate according to the submitted application and site plan, and that a Zoning Compliance Permit be obtained before increasing enrollment or curriculum.

Conditional Use Permit C-2012-57: Arabesque World Dance, LLC 15:01 The Board unanimously approved a conditional use permit for Arabesque World Dance, LLC to establish a dance studio in a Light Industrial (I-1) zone. The motion was made by Janice Meyer and seconded by Thomas Glover. Conditions include obtaining a Zoning Compliance Permit and Certificate of Occupancy, and requiring parental sign-in and sign-out if classes are offered to children or minors.

Conditional Use Permit C-2012-58: Lexington Overstock 16:08 The Board unanimously approved a conditional use permit for Lexington Overstock to operate a furniture warehouse with over 30% floor sales space in a Light Industrial (I-1) zone. The motion was made by Barry Stumbo and seconded by Janice Meyer. Conditions require corrected parking calculations and updated documentation of parking compliance.

Conditional Use Permit C-2012-61: Kingdom Fellowship 17:25 The Board unanimously approved a conditional use permit for Kingdom Fellowship to establish a church in a Highway Service Business (B-3) zone. The motion was made by James Griggs and seconded by Barry Stumbo. Conditions allow for an optional outdoor play area and require compliance with state child care requirements.

Variance V-2012-63: Donny & Dawn Crayne 1:08:04 The Board approved a motion to disapprove a variance for Donny & Dawn Crayne to reduce floodplain setback from 25 feet to 4 feet for a detached garage in a Single Family Residential (R-1D) zone. The motion passed 4-1 on a roll call vote. Barry Stumbo, Janice Meyer, James Griggs, and Kathryn Moore voted in favor of disapproval. Thomas Glover voted against disapproval.

Conditional Use Permit C-2012-59: Ryan Convoy 2:09:53 The Board unanimously approved a conditional use permit for Ryan Convoy to establish an animal crematory in an Agricultural Rural (AR) zone. The motion was made by Kathryn Moore and seconded by James Griggs. Conditions include compliance with state and federal regulations, installation of gravel prevention measures, annual compliance documentation, and a 12-month review by the Board.

Southside Pub Revocation Hearing 2:12:01 The Board unanimously approved scheduling a revocation hearing for Southside Pub for non-compliance with live entertainment conditions. The motion was made by James Griggs and seconded by Barry Stumbo.

Public Comment

Three members of the public provided comments regarding concerns about an animal crematory operation.

Charlene Horn 1:35:23 expressed concern that the animal crematory, located in a PDR-protected area, could negatively affect property values and the region's preservation status. She noted this concern despite acknowledging that the applicant has demonstrated compliance and that no complaints have been filed.

Benny Oaks 1:52:07 opposed the animal crematory, citing proximity and odor concerns. He reported that neighbors have detected smells from the facility and expressed concern about its impact on property values, noting that the facility is located too close to residential areas.

Joe Stewart 2:03:06 shared odor concerns based on previous work experience. He noted that his wife previously worked at a similar facility and expressed concern about possible odors, though he acknowledged having no direct evidence of issues at the current location.

Contested Items

Variance for Donny & Dawn Crayne's Garage

The board considered a variance request from Donny & Dawn Crayne for a garage project. The applicant presented site-specific arguments in support of the variance, citing the steep slope of the property, the presence of a utility pole, and tree preservation requirements as unique circumstances affecting the project. Despite these arguments, the staff recommendation was for disapproval of the variance. The board was divided on the issue, with one board member supporting approval. The variance was ultimately denied by a 4-1 vote.

Animal Crematory in PDR Zone

The board reviewed a proposal for an animal crematory facility to be located in a PDR (Planned Development Residential) zone. The applicant's project complied with applicable regulations and had generated no complaints. However, neighbors expressed strong opposition to the proposal. Community members raised concerns about potential impacts on property values, environmental effects, and the special protected status of the PDR zone. Despite the applicant's regulatory compliance, the community opposition to locating this use in the PDR-protected area remained a significant point of contention during the board's consideration.

Cherokee Park Neighborhood Association - Administrative review of Zoning Compliance Permit for mobile MRI facility

Item Identifier: A-2012-45

Discussion Summary

The administrative review of a Zoning Compliance Permit for a mobile MRI facility in the Cherokee Park neighborhood was addressed during this meeting 1:06. Dick Murphy participated in the discussion of this agenda item.

Outcome

The appeal was postponed to October 26, 2012, at the request of the appellant's attorney. No opposition to the postponement was noted during the meeting.

Efran & Vladimera Alami - Administrative review of drive-through facility in R-3

2:41

The administrative review of a drive-through facility in an R-3 zone for applicants Efran and Vladimera Alami was discussed during this meeting.

Jacob Michael addressed the agenda item. The applicant requested a postponement of the appeal, which the body approved. Staff noted that this represented the second postponement of this matter.

The appeal was postponed to October 26, 2012.

Cohen Realty, Inc. - Conditional use permit for extended-stay hotel in P-1 and R-4 zones

Cohen Realty, Inc. sought a conditional use permit for an extended-stay hotel in P-1 and R-4 zones. 3:51

Roger Ladenburger was the key speaker on this agenda item.

The discussion identified several unresolved concerns that prevented approval at this meeting:

• Drainage impacts — Questions remained about how the proposed development would handle drainage
• Landscape buffer — The adequacy and design of landscape buffering required further review
• Off-street parking — Concerns were raised regarding off-street parking impacts and capacity

Outcome

The appeal was postponed to October 26, 2012, to allow time to address the outstanding issues related to drainage, landscape buffer, and off-street parking impacts.

Stanley Gross - Conditional use permit for rehabilitation home in B-1 zone

Case Number: C-2012-55

Outcome: The appeal was postponed to October 26, 2012.

Reason for Postponement:

The discussion on this conditional use permit application was postponed due to the need for additional information. Specifically, the applicant was required to provide further details regarding:

• Occupancy requirements
• Supervision arrangements
• Parking provisions

Key Participant:

Janice Meyer was the primary speaker on this agenda item.

5:02

Donny & Dawn Crayne - Variance to reduce floodplain setback from 25 feet to 4 feet

Identifier: V-2012-63

The applicants requested a variance to reduce the required floodplain setback from 25 feet to 4 feet for their property. 1:08:04

Presentation and Arguments

The applicant's attorney presented the case, arguing that unique site conditions justified the variance request. The presentation highlighted three specific factors:

• Steep slope on the property
• Presence of a utility pole
• Tree preservation concerns

Staff Position

Staff maintained disapproval of the variance request. The primary concern centered on floodplain protection, with staff arguing that the standard 25-foot setback requirement should be upheld to protect the floodplain area.

Key Speakers

The discussion involved Dick Murphy, John DeHart, and Chuck Saylor.

Outcome

The variance was denied. Despite the applicant's arguments regarding the unique site conditions, the board did not approve the reduction in floodplain setback requirements.

Ryan Convoy - Conditional use permit for animal crematory in AR zone

Identifier: C-2012-59

Outcome: Approved with conditions

The board considered a conditional use permit application for an animal crematory facility in an AR zone 2:09:53. Key participants in the discussion included applicant Ryan Conboy, along with board members Charlene Horn, Benny Oaks, and Joe Stewart.

The applicant presented information about operating the animal crematory facility. During the discussion, the board addressed several concerns related to the operation, including:

• Odor impacts
• Emissions from the facility
• Regulatory compliance requirements

The applicant indicated that the facility has been operating without complaints from the surrounding area.

The board approved the conditional use permit with conditions attached to the approval. The conditions include a requirement for a 12-month review period, which will allow the board to monitor the facility's operations and ensure compliance with the permit terms and any concerns raised during the approval process.

Southside Pub - Revocation hearing for non-compliance with live entertainment conditions

2:11:00

Staff presented a request for a revocation hearing regarding Southside Pub due to ongoing violations of conditions imposed on the establishment's live entertainment license.

Violations and Concerns

The presentation, led by James Emmons, outlined that Southside Pub had failed to comply with specific conditions of its license. The violations included:

• Unauthorized Sunday live entertainment
• Unauthorized outdoor events

Action Taken

Rather than proceeding with an immediate revocation, a formal revocation hearing was scheduled for October 26, 2012, to allow the establishment an opportunity to respond to the allegations and present its case.